Judgment[2003] KEHC 220
Case law
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Division and case type: CivilMiscellaneous Application
…A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which Is argued on the assumption that all the facts pleaded by the other side are correct.…
…The improper raising of points by way of preliminary objection does nothing but unnecessarily increase costs and, on occasion, confuse the issues. This improper practice should stop.”…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…
…The basis of Mr Chunga’s preliminary objection was that the appellant, having been convicted after he had unequivocably pleaded guilty to the offence as charged, was barred by virtue of the provisions of section 348 of the…